To: WSFAlist at keithlynch.net
Date: Tue, 9 Apr 2002 00:03:09 -0400
Subject: [WSFA] Re: Colonial History
From: ronkean at juno.com
Reply-To: WSFA members <WSFAlist at keithlynch.net>

On Mon, 8 Apr 2002 10:43:59 -0400 "Strong, Lee" <StrongL at MTMC.ARMY.MIL>
writes:
>         Ron, Again, negative on this one.  There is no right of
> unilateral secession in the Constitution and therefore the Tenth
Amendment does > not reserve such a hypothetical right to the states.
The Federal
> Government is not and never has been purely an agent of the states, but
shares
> sovereignty with them.
>         I am planning to acquire a copy of Mr. diLorenzo's book to
> understand his argument better but my initial impression is that
> his thesis is a tissue of falsehoods and slanders constructed by one
sided
> citation of unrepresentative opinions.  Rather like the Shaver Mystery
and
> similar pseudo-science.        B-|
>         I remain your friend, Lee

I find the right of secession for states appealing based on the principle
of freedom of association, and the notion that secession, or mere threat
of secession, can be a tool to advance freedom in the face of tyranny.
Secession was the mechanism by which the Soviet Union was brought down -
one by one, states seceded from the Union, until none were left.

I think the supremacy clause in the Constitution supports your contention
that the federal government is not merely an agent of the states, so on
that constitutional ground you may carry the day.  But many see unchecked
federal supremacy as quite dangerous.  It is important to keep the
federal government within the bounds of the limited powers prescribed in
the Constitution.  If the federal government were to persist in violating
its own Constitution, then that might be construed as an abrogation of
the Constitutional contract, opening the door to secession being arguably
legal, given those conditions, based on a legal principle which
transcends the Constitution - the principle that a party to a contract is
released from the contract if the contract is abrogated by the other
party.

The U.S. Constitution, as I see it, exists in a context of law which
transcends the Constitution.  That idea is alluded to by the Ninth and
Tenth Amendments.  The Maryland Constitution, which was rewritten in 1867
and includes an acknowledgement of federal supremacy, yet explicitly
states that the inhabitants of Maryland are entitled to the Common Law of
England, and that the people have the right to alter the form of
government, or even to abolish it entirely.  I observe that in Canada,
the controversy about the possible secession of Quebec turns on whether
Quebec _should_ secede, and if so, under what terms, and not on whether
Quebec has the _right_ to secede.

...

I had never heard of the Shaver Mystery, so I looked it up.  It seems
some people have an amazing capacity for confusing fantasy with reality.
I think there have been cases of people seeking to consult with Sherlock
Holmes, and I wonder how much foot traffic they get at 221b Baker Street
in London, looking for Sherlock Holmes.

A mapquest search provides a map and directions for

221b Baker Street
London, EN
NW1 5, GB

and there is a website

http://221bakerstreet.org/

Ron Kean

.

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